The Governments of Europe. Frederic Austin OggЧитать онлайн книгу.
no less than in an illiberal constitutional system, is very generally admitted,[148] and no one supposes that the House of Lords will ever be swept completely out of existence to make room for the establishment of a new and entirely different parliamentary body. If it were to devolve upon the people of Great Britain to-day to adopt for themselves de novo a complete governmental system, they might well not incorporate in that system an institution of the nature of the present House of Lords; but since the chamber exists and is rooted in centuries of national usage and tradition, the perpetuation of it, in some form, may be taken to be assured.
108. The Breach Between the Lords and the Nation.—The indictments which have been brought against the House of Lords have been sweeping and varied. They have been based upon the all but exclusively hereditary character of the membership, upon the meagerness of attendance at the sittings and the small interest displayed by a majority of the members, and upon the hurried and frequently perfunctory nature of the consideration which is accorded public measures. Fundamentally, however, the tremendous attack which has been levelled against the Lords has had as its impetus the conviction of large masses of people that the chamber as constituted stands persistently and deliberately for interests which are not those of the nation at large. Prior to the parliamentary reforms of the nineteenth century the House of Commons was hardly more representative of the people than was the upper chamber. Both were controlled by the landed aristocracy, and between the two there was as a rule substantial accord. After 1832, however, the territorial interests, while yet powerful, were not dominant in the Commons, and a cleavage between the Lords, on the one hand, and the Commons, increasingly representative of the mass of the nation, on the other, became a serious factor in the politics and government of the realm. The reform measures of 1867 and 1884, establishing in substance a system of manhood suffrage in parliamentary elections, converted the House of Commons into an organ of thoroughgoing democracy. The development of the cabinet system brought the working executive, likewise, within the power of the people to control. But the House of Lords underwent no corresponding transformation. It remained, and still is, an inherently and necessarily conservative body, representative, in the main, of the interests of landed property, adverse to changes which seem to menace property and established order, and identified with all the forces that tend to perpetuate the nobility and the Anglican Church as pillars of the state. By simply standing still while the remaining departments of the governmental system were undergoing democratization the second chamber became, in effect, a political anomaly.[149]
109. Earlier Projects of Reform.—Projects for the reform of the Lords were not unknown before 1832, but it has been since that date, and, more particularly during the past half-century, that the reform question has been agitated most vigorously. Some of the notable proposals that have been made relate to the composition of the chamber, others to the powers and functions of it, and still others to both of these things. In respect to the composition of the body, the suggestions that have been brought forward have contemplated most commonly the reduction of the chamber's size, the dropping out of the ecclesiastical members, and the substitution, wholly or in part, of specially designated members in the stead of the members who at present sit by hereditary right. As early as 1834 it was advocated that the archbishops and bishops of the Established Church should "be relieved from their legislative and judicial duties," and this demand, arising principally from the Non-conformists, has been voiced repeatedly in later years. In 1835 the opposition of the peers to measures passed by the Commons incited a storm of popular disapproval of such proportions that more than one of the members of the chamber gloomily predicted the early demolition of the body, and throughout succeeding decades the idea took increasing hold, within the membership as well as without, that change was inevitable. In 1869 a bill of Lord Russell providing for the gradual infiltration of life peers was defeated on the third reading, and in the same year a project of Earl Grey, and in 1874 proposals of Lord Rosebery and Lord Inchiquin, came to naught. The rejection by the Lords of measures supported by Gladstone's government in 1881–1883 brought the chamber afresh into popular disfavor, and in 1884 Lord Rosebery introduced a motion "that a select committee be appointed to consider the best means of promoting the efficiency of this House," with the thought that there might be brought into the chamber representatives of the nation at large, and even of the laboring classes. The motion was rejected overwhelmingly, but in 1888 it was renewed, and in that year the Salisbury government introduced two reform bills, one providing for the gradual creation of fifty life peerages, to be conferred upon men of attainment in law, diplomacy, and administrative service, and the other (popularly known as the "Black Sheep Bill") providing for the discontinuance of writs of summons to undesirable members of the peerage. The bills, however, were withdrawn after their second reading and an attempt on the part of Lord Carnarvon, in 1889, to revive the second of them failed.
110. The Lords and the Liberal Government, 1906–1907.—Thence-forward until 1907 the issue was largely quiescent. During a considerable portion of this period the Unionist party was in power, and between the upper chamber, four-fifths of whose members were Unionists, and the Unionist majority in the Commons substantial harmony was easily maintained. During the Liberal administration of 1893–1894 the Lords rejected Gladstone's second Home Rule Bill and mutilated and defeated other measures; but, although the Liberal leaders urged that the will of the people had been frustrated, the appeal for second chamber reform failed utterly to strike fire. With the establishment of the Campbell-Bannerman ministry, in December, 1905, the Liberals entered upon what has proved a prolonged tenure of power and the issue of the Lords was brought again inevitably into the forefront of public controversy. In consequence of the Lords' insistence upon an amendment of the fundamentals of the Government's Education Bill, late in 1906, and the openly manifested disposition of the Unionist upper chamber to obstruct the Liberal programme in a variety of directions,[150] the warfare between the houses once more assumed threatening proportions. A resolution introduced by the premier June 24, 1907, was adopted in the Commons after a three days' debate by a vote of 385 to 100, as follows: "That, in order to give effect to the will of the people as expressed by elected representatives it is necessary that the power of the other House to alter or reject bills passed by this House shall be so restricted by law as to secure that within the limits of a single parliament the final decision of the Commons shall prevail." It was announced that a bill carrying into effect the substance of this declaration would be introduced, and it was understood that the Government's plan contemplated a reduction of the maximum life of a parliament from seven years to five and the institution of a system of conference committees whereby agreement might be effected upon occasion between the two houses, reserving the eventual right of the Commons, after a third rejection by the Lords, to enact a measure into law alone. Preoccupied, however, with projects of general legislation, the Government postponed and eventually abandoned the introduction of its bill.
In the upper chamber a measure introduced by Lord Newton, providing for (1) a reduction of the hereditary element by requiring that a peer by descent alone should have a right to sit only if he were elected (for a single parliament) as a representative peer or possessed other stipulated qualifications and (2) the appointment by the crown of a maximum of one hundred life peers, was discussed at some length. The bill was withdrawn, but it was decided to create a Select Committee on the House of Lords, under the chairmanship of Lord Rosebery, and in December, 1908, this committee reported a scheme of reform in accordance with which (1) a peerage alone should not entitle the holder to a seat in the chamber; (2) the hereditary peers, including those of Scotland and Ireland, should elect two hundred representatives to sit in the upper house for each parliament; (3) hereditary peers who had occupied certain posts of eminence in the government and the army and navy should be entitled to sit without election; (4) the bishops should elect eight representatives, while the archbishops should sit as of right; and (5) the crown should be empowered to summon four life peers annually, so long as the total did not exceed forty. This series of proposals failed utterly to meet the Liberal demand and no action was taken upon it. But it is to be noted that the Lords' Reconstruction Bill of 1911, to be described presently, was based in no small measure upon information and recommendations forthcoming from the Rosebery committee.[151]
III. The Question of the Lords, 1909–1911
111. The Lords and Money Bills.—In November, 1909, the issue was reopened in an unexpected manner by